Regular session of Court shall be from 9:00 a.m. to 4:00 p.m., with a lunch break from 12:00 p.m. to 1:00 p.m. and the clerk’s office shall be open from 8:00 a.m. to 4:00 p.m., Monday through Friday, except for legal holidays and such other occasions as may be specifically ordered by the Court. Additionally, the Court shall be closed the day after Thanksgiving and at noon on Good Friday, Christmas Eve and New Year’s Eve.

Unless otherwise ordered by the Court, all matters of record shall be preserved by electronic recording. Anyone wishing to have a written transcript of a proceeding shall contact the court reporter and request the same in writing.

The rates per page to be charged by the Court Reporter for transcribed proceedings are established as follows:

A deposit is required by the Court Reporter upon the request of a transcript. In the absence of an express agreement to the contrary, an attorney who has ordered a transcript on behalf of a client will be liable for services rendered by the Court Reporter.

All rights to said transcripts are reserved by the Court Reporter; all others are prohibited from making copies of the same.

Any juvenile required to appear before this Court shall appear in person and be accompanied by a parent or legal custodian. If a juvenile appears at Court without a parent or legal custodian, the Court may reschedule such hearing to allow parent or legal custodian to appear or appoint a Guardian Ad Litem for the child and assess the cost of the same to the parent or legal custodian.

A written denial may be filed by counsel in lieu of appearance of a juvenile for arraignment. Said denial shall be filed prior to the scheduled arraignment.

Exception: The Court will not accept a written denial in lieu of appearance with regard to any sexual offense or OVI charge. Appearance by the juvenile and parent/legal custodian is mandatory.                    Effective 7/15/02

All juveniles cited with a moving traffic violation are required to appear for traffic court with a parent or legal custodian. A written denial filed by counsel prior to the scheduled appearance will be accepted in lieu of appearance with the exception of matters involving OVI offenses.

A seatbelt offense or non-moving violation shall remain waiverable and may be paid without appearing before the Court.

Any juvenile given a traffic citation shall be scheduled for arraignment no later than two weeks following the date of the offense or date of service, whichever occurs earlier. The citing officer shall provide the appearance date on the citation and said citation shall be filed with this Court no later than one court day prior to that appearance.

Except in cases of emergency or by order of the Court, all requests for continuance of hearings shall be in the form of a written motion and accompanied by an entry for the same. Said entry shall be submitted to all parties for approval (phone approval is acceptable) and a notation of approval or denial shall be noted on the same. A request for continuance may only be granted by the Court.

Amended 6/27/03

On criminal cases wherein a trial by jury is demanded, no deposit shall be required, but the Court must be notified of any withdrawal of said demand or intention to change plea, in writing, no later than ten (10)days prior to the scheduled jury trial. If said notification is not timely provided, a minimum charge of $500 for jury fees or the amount equal to the number of jurors to be paid shall be added to the defendant’s court costs.

It is the responsibility of the prosecuting attorney or his office to timely prepare all entries and rulings of the Court for journalization on those cases filed by said office. On all other cases, it will be the responsibility of the prevailing party to timely submit entries to the Court.

A party who requests findings of fact and conclusions of law shall also file, within ten (10) days after filing said request with the Court, a proposed findings of fact and conclusion of law and submit a copy thereof to opposing counsel. Opposing counsel shall then, within ten (10) days, submit any objections thereto and/or his/her proposed findings of fact and conclusions of law.

Failure of any party to request, submit or object to the findings within said time frame constitutes a waiver of the same.

Any party to a juvenile court proceeding who wishes to have a hearing closed to the media and/or general public, shall file a written motion requesting closure and setting forth with particularity the reasons for closure that are in accordance with the Ohio Supreme Court decisions in State ex. rel. Dispatch Printing Company v. Lias(1994), 68 Ohio St. 3d 497 and In re. T.R., (1990), 52 Ohio St. 3d 6 and the authorities of Press-Enterprise v. Supreme Court of California, 464 U.S. 501 (1983), and Press-Enterprise v. Superior Court, 478 U.S. 1 (1986). Motions which do not set forth the required particularity will be summarily overruled.

All written motions seeking closure of the Court to the media and/or general public must be filed at least seven (7) days prior to any hearing the moving parties are requesting to be closed to the media and/or general public. Exceptions to the seven day requirement may be granted by leave of court. The moving party must also serve a copy of its written motion upon the following entities: The Columbus Dispatch, c/o Zeiger and Carpenter, Attorneys-At-Law, 1600 Huntington Center, 41 South High Street, Columbus, Ohio 43215; The Lancaster Eagle Gazette, 138 West Chestnut Street, Lancaster, Ohio 43130 and Channels 4, 6 and 10 of the local television stations.

Unless summarily overruled, the Court will set a hearing regarding closure of the Court and will provide at least 48 hours advanced notice of the date and time of the hearing to the media referenced above, who shall be given the full opportunity to participate in the closure hearing.

A plan for court security is on file with the Administrative Director’s Office of The Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio and is not treated as public record.

All pleadings and papers filed with this Court shall be on 8-1/2 x 11 inch paper, preferably double-spaced. The foregoing shall not apply to any Exhibits. All documents filed with this Court shall include counsel’s Supreme Court registration number along with other identifying information such as address and phone number.

All original pleadings filed with the Court shall be signed in blue ink. Pleadings signed in black ink shall be returned.

No files shall be removed from the Court without the written permission of the Court.

1. The definition of “electronic filing” for the purpose of this rule of Court will be limited to fax. Pleadings or other papers, with the exception of those set out below, may be filed by paper facsimile with the Court to 740-687-0942. Any pleading and/or other papers shall be deemed filed upon receipt and shall be file-stamped the date of receipt. Any pleading or papers received after 4:00 p.m. shall be considered filed the next day of court business.
2. Any document filed by fax shall be accepted as the original filing. The person making said filing shall maintain the original in his or her records and have available for production on request by the Court the source document and accompanying cover sheet.
3. All pleadings or papers filed by fax shall be accompanied by a cover page containing the following information:
   1. The name of the court;
   2. Title of the case;
   3. The case number
   4. The title of the document being filed and the number of pages thereto;
   5. Date of transmission;
   6. Name of the individual filing the document with contact information and transmitting fax number.
4. Any pleading filed by fax that does not comply with the above requirements or is defective upon its face shall not be considered filed with the Court.
5. The following documents may not be filed by facsimile:
   
   1. Any original complaint, motion or document requiring a filing fee.
   2. Grandparent/caretaker affidavit or power of attorney.

All counsel representing a party in any pending case before this Court shall file an appearance in writing so that the same may be entered upon the record. Said appearance may be made on the form provided by the Court or any written pleading. Attorneys failing to file such written appearance shall forfeit notice of hearing, recognition as counsel for a party and other courtesies provided by the Court.

A written motion and entry must be presented to the Court if counsel wishes to withdraw representation of a party. Counsel may not withdraw representation without permission being granted by the Court in writing.

1. This Court shall appoint only attorneys on the general court-appointed list held by this Court. One-time appointments and special appointments shall not be granted.        Effective 06/14/04
2. All counsel appointed by the Court shall personally represent and appear at all hearings on cases in which they are appointed except when after good cause shown, and with approval of the party being represented, the Court excuses their appearance. Effective 01/6/03
3. Any counsel appointed by the Court in an abuse, neglect or dependency cases shall remain as counsel during the entire pendency of the case unless the Court grants permission to withdraw as counsel. The Court reserves the right to request the parties, at any time, to complete a new application for counsel to determine any change in financial circumstances. Effective 06/13/02

Appointed counsel shall submit an application for fees no later than 60 days from the date of disposition, or in post-adjudicatory matters, 60 days from the date of the last action. Any applications submitted after this deadline will be denied payment.

Said fee application shall have a copy of the application for attorney and entry of appointment attached. Counsel shall file the original, plus three copies with the Court.

In order to comply with the fee limits for juvenile cases as set forth by the Ohio Public Defender Office, the Court hereby establishes the following schedule of attorney fees for court-appointed counsel:

All services shall be billed at $50 per hour for in-court appearances and $40 per hour for out-of-court services, with the maximum amount as listed below:

The Court shall not reimburse for preparation of invoices, mileage or routine office expenses such as postage, phone charges or support staff time.  Motions for extraordinary fees shall not be granted on a routine basis.

Applications for fees must be submitted within thirty (30) days of the last in-court action for the billing period as set forth in the above schedule.  For ongoing cases, applications may be submitted on an annual or bi-annual basis, but no more frequently than on a quarterly basis.

All applications for fees in ongoing cases shall include an itemized statement of services performed, listing date of service, a brief description of service performed or hearing attended and time worked, as well as a motion and entry for extraordinary fees, if applicable.

1. Before Adjudication and Disposition
   
   1. Meet the child. If the child is of sufficient age to have communicative ability, interview the child.
   2. Interview both parents if permitted by their counsel.
   3. When possible, observe each parent with the child. Observe the interaction between parent and child, and be aware of the appropriateness of discipline, conversations, and activities.
   4. Perform home visits of each parent to determine living conditions.
   5. If child is not residing with a parent, perform a home visit of child’s current living conditions. Ask the child’s care givers for their assessment of the child’s overall condition.
   6. Determine whether there is a conflict in the dual appointment as Guardian Ad Litem and Attorney for the child. If there is a conflict, contact the Court immediately in writing.
   7. Be prepared to summarize the extent as to which you have performed these duties if asked by the Court or any party.
2. If a Post-Dispositional Motion has been filed
   
1. Interview the child again to determine whether there is a conflict in the dual appointment now that a post-dispositional motion has been filed. If there is a conflict, contact the Court at least thirty days before the date of the hearing on the post-dispositional motion.
If a motion for permanent custody has been filed, comply with Ohio Revised Code Section 2151.414 (C) which states that the written report of the Guardian Ad Litem shall be submitted to the Court prior to or at the time of the permanent custody hearing.


3. General Duties
   
   1. The Guardian Ad Litem shall attend all court hearings, court reviews, and semi-annual reviews. If possible, the Guardian Ad Litem should attend all meetings at Fairfield County Children Services regarding the child.
   2. The Guardian Ad Litem will continue to serve as the Guardian Ad Litem until the case is dismissed, terminated, or until specifically ordered by the Court.

Counsel shall comply with the above duties unless specifically excused by the Court.

Having concurrent jurisdiction of custody matters with the Fairfield County Domestic Relations Court and pursuant to an agreement with said Court, this Court shall handle only those custody cases involving a transfer of custody to non-related parties. All other custody matters will be handled through the Fairfield County Domestic Court.

Temporary custody cases involving non-related parties may be filed in this Court using the form packet available in the clerk's office. Upon filing, the Court will have a home investigator visit the home of the party requesting custody.

If all parties are in agreement and all consents, waivers and required documentation has been submitted to the Court, the matter will be scheduled for a non-oral hearing. Upon receipt of a favorable home investigation, the Court will grant the temporary custody. If the Court is not in receipt of all consents, waivers and required documentation, the matter will be scheduled for an oral hearing and all parties will be required to attend.

Temporary custody will be granted for a one-year period. Prior to the expiration of the temporary custody order, a request for the extension of the temporary custody, along with signed consents & waivers of all parties, may be filed with the Court. If no such request is filed, the Court will schedule the matter for hearing.

Fairfield County Child Support Enforcement Agency is authorized by this Court to change the payee (obligee) of any existing child support order upon notification of a legally authorized change of custodian or residential parent for any child, with the exception of temporary shelter custody, who is the subject of any child support order.

Court costs and program fees are set forth in Appendix A and attached hereto.

Any party ordered to make reimbursement to the Court for support of a child placed in detention and/or foster shall do so at the minimum rate of $5.00 per day or pursuant to the Child Support Guidelines, whichever rate is greater.

Parents or legal custodian of any child placed in foster or detention shall be responsible for the cost of the same in full if there is no previous court order setting the rate of reimbursement. A review of the same for modification will be conducted upon submission of financial information of the parties to the probation department.

Any restitution ordered by the Court will be limited to a maximum of $500 per child, per case. Restitution payments shall be monitored by the probation department and a 5% surcharge for collection shall be assessed as court costs.

A probation services fee shall be assessed against any juvenile placed on probation by this Court. Amended 4/29/02

Any juvenile having an informal citation filed against them in this Court shall be charged a probation service fee for the same. Effective 4/11/02

Anyone unable to pay a fine, fees or court costs on a case with 30 days shall be placed on a payment schedule and be charged a one-time processing fee. If payment in full is not made within a reasonable time period, the Court may elect to employ a collection agency to collect the same, pursuant to O.R.C. 2152.20.

The Court adopts the combined indexes, dockets and journals as defined in Superintendence Rule 26 through 26.05. The indexes, dockets and journals shall be maintained in an electronic medium. The records shall be permanently retained. Microfilm, digital imaging or electronic data shall be considered the permanent record. Traditional paper or bound book records may be destroyed after having been transferred to such medium. Case files shall be maintained in traditional paper medium until after having been converted to digital imaging.

Administrative Journal, Administrative journals that consist of court entries or a record of court entries, regarding policies and issues not related to cases shall be retained permanently.

Bank Transaction Records, whether paper or electronic, shall be retained for three (3) years or until the issuance of an audit report by the Auditor of State, whichever is later.

Cash Books, including receipt and disbursement records, shall be retained for three (3) years or until the issuance of an audit report by the Auditor of State, whichever is later.

Communication Records , including routine telephone messages on any medium where official action will be recorded elsewhere, may be destroyed in the normal course of business as soon as they are considered of no value by the person holding the record.

Correspondence and General Office Records, including all sent and received correspondence, in any medium may be destroyed in the normal course of business as soon as they are considered of no value by the person holding the record.

Drafts and Informal Notes, consisting of transitory information used to prepare the official record in any form may be destroyed in the normal course of business as soon as they are considered of no value by the person holding the record.

Employment Applications shall be retained for two (2) years.

Employee Benefit and Leave Records, including copies of life and medical insurance records, shall be retained by the appropriate fiscal officer for three (3) years or until the issuance of an audit report by the Auditor of State, whichever is later.

Employee History and Discipline Records, shall be retained for ten (10) years after termination of employment.

Fiscal Records, including but not limited to copies of the transactional budgeting, unclaimed funds, records, payment of jurors and witnesses, shall be retained for three (3) years or until the issuance of an audit report by the Auditor of State, whichever is later.

Grant Records shall be retained for three (3) years after expiration of the grant.

Payroll Records shall be retained for three (3) years or until the issuance of an audit by the Auditor of State, whichever is later.

Publications received may be destroyed in the normal course of business as soon as they are considered of no value by the person holding the record.

Receipt and Balance Records shall be retained for three (3) years or until the issuance of an audit report by the Auditor of State, whichever is later.

Request for Proposals, Bids and Resulting Contracts received in response to requests for proposals, bids and resulting contracts shall be retained for three (3) years or until the issuance of an audit report by the Auditor of State, whichever is later.

Index, Docket and Journal shall be retained permanently.

Judge, Magistrate and Clerk Notes, Drafts and Research may be destroyed at the discretion of the preparer or as soon as they are considered of no value by the person holding the record.

Delinquency and Adult Records shall be retained for two (2) years after the final order of the juvenile division or one (1) year after the issuance of an audit report by the Auditor of State, whichever is later.

Documents admissible as evidence of a prior conviction in a criminal proceeding shall be retained for fifty (50) years after the final order of the juvenile division.

Juvenile By-Pass Records shall be maintained in two separate and secure files.  The first file shall contain the first page of the form complaint and other relevant documents and the second file shall contain the second page of the form complaint bearing the signature of the complainant.  Each file shall be retained for two (2) years after the final order of the juvenile division or, if an appeal is sought, for two (2) years after the filing of the appeal.

Permanent Custody, Custody, Parentage, Visitation, Support Enforcement, Abuse, Neglect, Dependency and URESA records shall be retained for two (2) years after the child who is the subject of the case obtains the age of majority. If post-decree motions have been filed, records shall be retained for one year after the adjudication of the post-decree motion or the date specified for said case file as set forth herein, whichever is later.

Search Warrant records shall be indexed and the warrants and returns retained in their original form for five (5) years after the date of service or last service attempt.

Traffic records (minor misdemeanors) shall be retained for five (5) years after the final order of the juvenile division.  All other traffic records shall be retained for fifty (50) years after the final order of the juvenile division.

Unruly and Marriage Consent records shall be retained for two (2) years after the final order of the juvenile division or one year after the issuance of an audit report by the Auditor of State, whichever is later.

Paper Records.   Traditional paper or bound book records may be destroyed after having been transferred to electronic medium.

Notification.

The Clerk shall notify, in writing, the Ohio Historical Society of all case files that were created prior to 1960 or have a retention period greater than 10 years which are scheduled for destruction sixty (60) days prior to the destruction of the records and offer the original records for safekeeping to them.   These records may be transferred to the possession of said entity as long as they maintain the records as public records.  The records may not be destroyed or otherwise disposed of by said organizations without prior written consent of the Court.

Exhibits, depositions and transcripts may be destroyed after the conclusion of the litigation and the exhaustion of the times for direct appeal upon the following conditions:

1. The Clerk of Courts notifies, in writing, the party who tendered the exhibits, depositions or transcripts that the party may retrieve the exhibits, depositions or transcripts within sixty (60) days of the written notification.
2. The written notification apprises the party who tendered the exhibits, depositions or transcripts that the exhibits, depositions or transcripts that the exhibits, depositions or transcripts will be destroyed within sixty (60) days if not retrieved.
3. The written notification informs the party who tendered the exhibits, depositions or transcripts of the location for retrieval of the exhibits, depositions or transcripts.
4. The party who tendered the exhibits, deposition or transcripts does not retrieve the exhibits, depositions or transcripts within sixty (60) days from the date of notification.

1. The opportunity for jury service shall not be denied nor limited on the basis of  race, national origin, gender, age, religious belief, income, occupation, disability or any other factor that discriminates against a cognizable group in the jurisdiction.
2. Jury service is an obligation of all qualified citizens of Fairfield County, Ohio.

An entry setting forth the number of jurors required for the jury term shall be sent to the Jury Manager of the Fairfield County Common Pleas Court, General Division, and random juror selection shall take place pursuant to said Division’s Jury Management Plan.

All persons shall be eligible for jury service except those who:

1. Are less than eighteen years of age;
2. Are not citizens of the United States;
3. Are not residents of the jurisdiction in which they have been summoned to serve; to wit, Fairfield County.
4. Are not able to communicate in the English language;
5. Have been convicted of a felony and have not had their civil rights restored.

Jurors shall be on call during the four month term and will be given as much notice as possible if actually called to serve.

1. All automatic excuses from jury service are eliminated.
2. Prospective jurors may be rescheduled or excused for good cause shown, such as financial hardship, personal or family illness, child care hardship, employment responsibilities or previously planned trips.
3. Deferrals for jury service for reasonably short periods of time may be permitted by a judge or specifically authorized court official.
4. Requests for excuses and deferrals shall be in writing.          

1. Voir dire examination shall be limited to matters relevant to determining whether to remove a juror for cause and to determine the juror’s FAIRNESS AND IMPARTIALITY.
2. To reduce the time required for voir dire, basic background information regarding each panel member is available to counsel in writing one week before jury selection is to begin.  (Appendix G Jury Questionnaire)
3. The judge should ensure that the privacy and personal security of prospective jurors is reasonably protected, and the questioning is consistent with the purpose of the voir dire process.
4. In all cases, the voir dire process shall be held on the record. 
5. Rules on Voir Dire
   1. The case may not be argued in any way while questioning the jurors.
   2. Counsel may not engage in efforts to indoctrinate jurors.
   3. Jurors may not be questioned concerning anticipated instructions or theories of law.  This does not prevent general questions concerning matters such as the validity and philosophy of reasonable doubt or the presumption of innocence.
   4. Jurors may not be asked what kind of verdict they might return under any circumstance.
   5. Questions are to be asked collectively of the entire panel whenever possible.

If the judge determines during the voir dire process that any individual is unable or unwilling to hear the particular case at issue fairly and impartially, that individual shall be removed from the panel.  Such a determination may be made on motion of counsel or by the judge.

Rules determining procedure for exercising peremptory challenges shall be in accordance with the Ohio Civil and Criminal Rules adopted by the Supreme Court of Ohio and applicable statutory authority.

1. The administration of the jury system, once jurors are selected for service by the General Division Jury Manager, shall be the responsibility of the Probate and Juvenile Court Judge and administered by the Court Administrator or deputy clerks as assigned.
2. All procedures concerning jury selection and service should be governed by Ohio Rules of Court.

The notice summoning a person to jury service and the questionnaire eliciting essential information regarding that person should be:

1. Delivered by ordinary mail;
   
   
2. Phrased so as to be readily understood by an individual unfamiliar with the legal and jury system; and,
   
   
3. A summons should clearly explain how and when the recipient must respond and the consequences of a failure to respond.
   
   
4. The jury questionnaire should be phrased and organized so as to facilitate quick and accurate screening and should request only that information essential for:
   
   
   1. Determining whether a person meets the criteria for eligibility;
   2. Providing basic background information ordinarily sought during voir dire examination; and
   3. Efficiently managing the jury system.
5. Policies and procedures should be established for monitoring failures to respond to a summons and for enforcing a summons to report for jury service.
6. See example of notification letter (Appendix H) which is delivered to prospective jurors via ordinary mail, along with a summons.

The Court shall review the performance of the jury system annually in order to evaluate:

1. The representativeness and inclusiveness of the jury source list;
2. The effectiveness of qualifications and summoning procedures;
3. The responsiveness of individual citizens to jury duty summonses;
4. The efficient use of jurors; and
5. The cost-effectiveness of the jury management system.

1. The Court shall employ the services of prospective jurors so as to achieve optimum use with a minimum of inconvenience to jurors.
2. The Court shall determine the minimally sufficient number of jurors needed to accommodate trial activity.  This information and appropriate management techniques should be used to adjust both the number of individuals summoned for jury duty and the number assigned to jury panels.

The Court shall provide an adequate and suitable environment for jurors.

1. The entrance and registration area shall be clearly identified and appropriately designed to accommodate the daily flow of prospective jurors to the courthouse.
2. Jurors shall be accommodated in pleasant waiting facilities furnished with suitable amenities.
3. Jury deliberation rooms shall include space, furnishings and facilities conducive to reaching a fair verdict.
4. Juror facilities shall be arranged to minimize contact between jurors and the parties, counsel and the public.

1. Persons called for jury service shall receive a reasonable fee for their service pursuant to statutory authority.
2. Such fees shall be paid at the end of the term.
3. Employers shall be prohibited from discharging, laying off, denying advancement opportunities to, or otherwise penalizing employees who miss work due to jury service.

The trial judge should:

1. Give preliminary instructions to all prospective jurors.
2. Give instructions directly following empanelment of the jury to explain the jury’s role, the trial procedures including note-taking, the nature of evidence and its evaluation, the issues to be addressed, and the basic relevant legal principles;
3. Prior to the commencement of deliberations, instruct the jury on the law, on the appropriate procedures to be followed during deliberations, and on the appropriate method for reporting the results of its deliberation.  Such instructions may be made available to the jurors in writing during the deliberations;
4. Before dismissing a jury at the conclusion of a case, the trial judge should:
   
   1. Release the jurors from the duty of confidentiality;
   2. Explain their rights regarding inquiries from counsel or the press;
   3. Either advise them that they are discharged from service or specify when they must call or report; and
   4. Express appreciation to the jurors for their service, but not
   5. express approval or disapproval of the verdict.
5. All communication between the judge and members of the jury panel from the time of reporting to the courtroom for voir dire until dismissal shall be in writing or on the record in open court.  Counsel for each party shall be informed of such communication and given the opportunity to be heard.

1. Jury deliberations should take place under conditions and pursuant to procedures that are designed to ensure impartiality and to enhance rational decision making.
2. The judge should instruct the jury concerning appropriate procedures to be followed during deliberations.
3. A jury should not be required to deliberate after a reasonable hour unless the trial judge determines that evening or weekend deliberations would not impose an undue hardship upon the jurors and are required in the interests of justice.

1. A jury may be sequestered only for good cause, including, but not limited to, insulating its members from improper information or influences.
2. The jury shall be sequestered after a capital case is submitted to the jury in conformity with existing Ohio law.
3. The trial judge shall have the discretion to sequester a jury on the motion of counsel or on the judge’s initiative and shall have the responsibility to oversee the conditions of sequestration.
4. Standard procedures should be promulgated to achieve the purpose of sequestration; and minimize the inconvenience and discomfort of the sequestered jurors.
5. Training shall be provided to personnel who escort and assist jurors during sequestration.

APPENDIX A

SCHEDULE OF COURT COSTS & PROGRAM FEES

(Revised 10/16/2009)